THE Kuala Lumpur High Court has released a teenager who was facing murder charges over a tahfiz centre fire that killed 23 people in Kuala Lumpur two years ago.

However, Justice Azman Abdullah ordered another teen to enter his defence for the same crime, saying prosecutors have successfully established prima facie.

The two accused, now aged 18, each faced 23 counts of murder under Section 302 of the Penal Code.

The youths were 16 when Pusat Tahfiz Darul Quran Ittifaqiyah on Jalan Keramat Hujung, Kg Datuk Keramat was set ablaze on September 14, 2017.

They were represented by Haijan Omar at today’s hearing, which was also attended by their parents. DPP Julia Ibrahim appeared for the prosecution.

Both teens were dressed in a T-shirt and were not handcuffed when the oral decision was delivered. The first accused, consoled by his mother, cried when he learnt the trial would continue for him.

The second accused was released immediately after the decision. He did not speak to the press.

“We are thankful to Allah. It was better than we hoped for,” said his father, Juri Aini Tumon, 56.

Juri, who works at the Department of Survey and Mapping Malaysia said his son will “most likely continue his education” but refused to offer further comment.

Case management for the defence stage has been set to March 2 and 3.

The fire killed 21 pupils along with two wardens at Pusat Tahfiz Darul Quran Ittifaqiyah, a religious school in Kg Datuk Keramat.

Thirty-six students and six teachers were staying at the school when the fire broke out.

Fire Department investigators previously told the court that source of the fire was from a lighter used to ignite the petrol, which was splashed on the towel rack, shoes, walls, and the dormitory door.

The additional use of liquefied petroleum gas (LPG) canisters caused the fire to spread rapidly throughout rooms.

If convicted of murder, the defendant will be detained at the pleasure of the Yang di-Pertuan Agong, according to Section 97(2) of the Child Act 2001.

The mandatory death sentence does not apply in this case, because Section 97(1) of the same act states that a child cannot be sentenced to death.

Section 94 of the same law also empowers the court to order the parents or guardians of the child offender to pay a fine or provide compensation to the victims. – January 28, 2020.